NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Eligibility: The Lendmark 2018 Monthly Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the following states in the United States: Alabama, Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Kentucky, Maryland, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington and West Virginia, and who are eighteen (18) years of age or older at time of entry. Void in all remaining states, the District of Columbia, and where prohibited by law. Officers, directors, employees and shareholders of Lendmark Financial Services, LLC (the “Sponsor”), its parent and each of their respective subsidiaries, affiliates, retailers, advertising and promotion agencies and prize suppliers (collectively, the “Sweepstakes Entities”), and each of such officers,’ directors,’ employees,’ and shareholders’ immediate family members and/or those living in the same household (whether legally related or not) of each, are ineligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year.
Entry periods: The Sweepstakes consists of twelve (12) monthly entry periods (each, a “Monthly Promotion Period”), each beginning at 12:00:00 a.m. Eastern Time (“ET”) on the first day of each calendar month in 2018 and ending at 11:59:59 p.m. ET on the last day of each calendar month in 2018.
How to enter: Eligible individuals can enter the Sweepstakes anytime during a Monthly Promotion Period using one of the following methods of entry:
i) Online Entry: Register online by visiting www.lendmarkfinancial.com for online entries submitted during the applicable month. This web address is also shown in each month of your 2018 Lendmark calendar, available for no cost at your local Lendmark branch, while supplies last. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address (no P.O. Boxes), email address, and related registration information as prompted. Entrant must complete and submit the entry form with all required information for the entry to be eligible. Limit of one (1) Online Entry per person per Monthly Promotion Period for this Sweepstakes.
ii) Mail-in Entry: Legibly hand print your full name, complete street address (no P.O. Boxes), city, state, zip code, telephone number (including area code) and email address on a 3”x5” paper, place in an envelope with proper postage and mail to: Lendmark 2018 Calendar Sweepstakes, 2118 Usher Street, Covington, GA 30014. All mail-in entries must be postmarked by the last day of each Monthly Promotion Period and received by the fifth (5th) day of the following month. Each mail-in entry must be submitted to Sponsor at the address above in a separate envelope (or item of mail). Limit of one (1) Mail-In Entries per person per Monthly Promotion Period for this Sweepstakes.
Note: For this Sweepstakes, there is a limit of a total of one (1) entries per person during each Monthly Promotion Period (regardless of method of entry).
Entries become the physical property of Sponsor and will not be returned. Attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence), submitted in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is “received” when the servers for www.lendmarkfinancial.com (the “Website”) record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Website’s database clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
Other Lendmark Sweepstakes: Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Prizes and prize details:
Monthly Prizes: One (1) prize per Monthly Promotion Period in 2018.
The specific prize awarded for each month is a $250 Visa Gift Card.
Gift card prizes are subject to terms and conditions of use issued by the card sellers and any terms and conditions set forth on the card itself. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except as expressly set forth herein and/or at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to refuse to award the prize to such individual. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether the prize(s), in whole or in part, are used. Winners will be responsible for remitting payment of taxes to taxing authorities, and Sponsor has no responsibility therefore. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prizes. The total ARV of all of the prizes awarded in this Sweepstakes is $3,250.00. The Sweepstakes Entities are not responsible for and winners will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Prizes will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the eligible states listed in Section 1, except in Sponsor’s sole and absolute discretion.
Winner selection and odds:
Monthly: On or about the sixth (6th) day of each month following each Monthly Promotion Period, a random drawing will be conducted from among all eligible entries received throughout that Monthly Promotional Period.
The odds of winning a monthly prize depend upon the total number of eligible entries received during the Monthly Promotional Period.
There is no limit on the number of monthly prizes one individual can win throughout the Sweepstakes. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final.
Winner notification and prize claiming: Potential prize winners will be notified by email, phone and/or mail (as selected by Sponsor) in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information provided by entrants or for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
Potential prize winners may be required to complete, sign, properly execute (including notarization), and submit an affidavit of eligibility and liability release, including a consent for publicity purposes (collectively, the “Affidavit”), in addition to an IRS-W9 Form (“Materials”). Such Materials, if required, will be sent to the potential winner by Sponsor at the time the entrant is notified in writing he/she is a potential prize winner. Such written notification will also state the deadline by which the Materials must be completed and returned to Sponsor.
If a potential prize winner fails to fully execute and return such documents by mail to Sponsor on or before such deadline, such potential winner will be subject to disqualification. In such case, the prize may be forfeited and another potential winner may be selected. Entrants acknowledge that failing to complete and return eligibility materials in compliance with Sponsor’s written instructions ON OR BEFORE THE DEADLINE DATE may result in forfeiture of prize. Failure to take delivery of a prize within 30 days after availability could cause prize to be forfeited, and an alternate potential winner may be selected.
In the event of non-compliance with these rules, or if the notification is unclaimed or returned as undeliverable, the prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate potential winner. If a prize is won by an eligible individual who is not of the legal age of majority in the state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama) (“minor”), the required documents must be confirmed and signed by minor’s parent or legal guardian, and the prize will be awarded in the name of the parent or legal guardian, who shall fulfill all requirements imposed on the winner set forth herein. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend any event or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Publicity Release: Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their licensees, and their respective successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.
Tampering with sweepstakes: The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SPONSOR WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Suspension/modification/termination: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes and select the winners from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor additionally reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes and select the winners from all eligible entries received prior to any action taken or as otherwise deemed fair and appropriate by Sponsor.
Conditions of entry: By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. Sponsor reserves the right to disqualify participants who violate these Official Rules or interfere with this Sweepstakes in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility to participate in this Sweepstakes. If a participant submits entries in excess of applicable limits, all entries submitted by such participant shall be void.
Waivers, disclaimers and releases: By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access Sponsor’s or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.
Entry Information and Sweepstakes Communications: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address, email address, the fact entrant is or is not a Lendmark customer, and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winners’ list.
Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
Dispute Resolution: The parties each agree to finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Atlanta, Georgia and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. However, neither Sponsor nor entrant may require arbitration of the other’s claims brought in a small claims court lawsuit strictly seeking a monetary recovery of no more than the court’s jurisdictional limit (including attorneys’ fees and costs), provided that no other relief is sought; but, the parties may elect arbitration of any amended claim, counterclaim, cross-claim or third-party claim seeking any relief other than monetary relief up to the jurisdictional limit (including attorneys’ fees and costs). A single arbitrator shall conduct arbitration, under the Federal Rules of Evidence and the American Arbitration Association (“AAA”) Consumer Arbitration Rules in effect at the time the claim is filed. To obtain rules and form, contact the AAA at 800.778.7879, www.adr.org/consumer (website), or email@example.com (E-Mail). Sponsor agrees to pay any filing fee in excess of $200 and to pay any required deposit. Sponsor agrees to pay the initial costs of arbitration up to a maximum of eight hours of hearings. Any participatory hearing will take place in the county where entrant lives unless the parties agree to another location. If AAA cannot or will not administer the arbitration, the parties agree to submit the claim to JAMS for proceedings conducted under JAMS’ Comprehensive Arbitration Rules. If both designated arbitration forums cannot or will not administer the arbitration, it remains the parties’ intent to arbitrate and to have appointed an arbitrator pursuant to 9 USC § 5. Entrant agrees not to participate in a representative capacity or as a member of any class of claimants pertaining to any claims or disputes covered by these mandatory arbitration provisions. No arbitrator shall be allowed to conduct arbitration on a class-wide basis, and the arbitrator shall not be allowed to consolidate arbitration demands filed by Sponsor’s other customers. However, if the previous sentence is found unenforceable, these entire mandatory arbitration provisions shall be void. If any other term is unenforceable in these mandatory arbitration provisions, the remaining terms are severable and enforceable to the fullest extent permitted by law. These mandatory arbitration provisions shall be governed by the Federal Arbitration Act. By participating in the Sweepstakes, entrant agrees to the mandatory arbitration provisions above. ENTRANT UNDERSTANDS THAT HE/SHE IS VOLUNTARILY WAIVING HIS/HER RIGHT TO A JURY TRIAL OR JUDGE TRIAL FOR SUCH DISPUTES.
Limitation of Liability:By Entering The Sweepstakes, Entrant Agrees That To The Extent Permitted By Applicable Law: (a) Any And All Disputes, Claims And Causes Of Action Arising Out Of Or Connected With The Sweepstakes, Or Any Prize Awarded, Will Be Resolved Individually, Without Resort To Any Form Of Class Action; (b) Any And All Claims, Judgments And Awards Will Be Limited To Actual Third-party, Out-of-pocket Costs Incurred (if Any) Not To Exceed Ten Dollars ($10.00), But In No Event Will Attorneys’ Fees Be Awarded Or Recoverable; (c) Under No Circumstances Will Any Entrant Be Permitted To Obtain Any Award For, And Entrant Hereby Knowingly And Expressly Waives All Rights To Seek, Punitive, Incidental, Consequential Or Special Damages, Lost Profits And/or Any Other Damages, Other Than Actual Out Of Pocket Expenses Not To Exceed Ten Dollars ($10.00), And/or Any Rights To Have Damages Multiplied Or Otherwise Increased; And (d) Entrants’ Remedies Are Limited To A Claim For Money Damages (if Any) And Entrant Irrevocably Waives Any Right To Seek Injunctive Or Equitable Relief. Some Jurisdictions Do Not Allow The Limitations Or Exclusion Of Liability, So The Above May Not Apply To You.
List of Sweepstakes Winners/Official Rules Requests: To receive a list of winners, send a stamped self-addressed envelope (prior to March 1, 2018), to: “Lendmark 2018 Monthly Sweepstakes Winners List”, 2118 Usher Street, Covington, GA 30014. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope (prior to the end of the last Monthly Promotion Period) to: “Lendmark 2017 Monthly Sweepstakes Official Rules”, 2118 Usher Street, Covington, GA 30014.
Sponsor & Administrator: Lendmark Financial Services, LLC, 2118 Usher Street, Covington, GA 30014 shall serve as the Sponsor and Administrator. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.